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Caban V. Mohammed (1978)

 

Document 1

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: November 13th, 1978
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 2

From: Warren E. Burger
To: Harry A. Blackmun
Copied: None
On: November 14th, 1978
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 3

From: Warren E. Burger
To: Harry A. Blackmun
Copied: William H. Rehnquist
On: November 14th, 1978
Action: Will Not Write Dissent
A memo where a justice states that he or she will not write a dissenting opinion or an opinion that dissents in part
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 4

From: Harry A. Blackmun
To: Warren E. Burger
Copied: William H. Rehnquist
On: November 14th, 1978
Action: Will Write Dissenting Opinion
A memo where a justice states that he or she will circulate a dissenting opinion draft, including that a dissenting opinion will be out soon or that a revised draft of the dissenting opinion will be circulated; this also applies to statements responding to dissent assignments like will be glad to write dissent, self-assignment of dissent (e.g., we are in dissent and I will write it), or requesting permission to write dissent (e.g., is it ok if I write a dissent)

Document 5

From: Lewis F. Powell
To: Conference
Copied: None
On: December 28th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 6

From: John Paul Stevens
To: Lewis F. Powell
Copied: None
On: December 29th, 1978
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 7

From: Lewis F. Powell
To: Conference
Copied: None
On: January 2nd, 1979
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 8

From: Byron R. White
To: Lewis F. Powell
Copied: Conference
On: January 2nd, 1979
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 9

From: Lewis F. Powell
To: Conference
Copied: None
On: January 12th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: Potter Stewart
To: Conference
Copied: None
On: January 18th, 1979
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 11

From: Warren E. Burger
To: Potter Stewart
Copied: Conference
On: January 18th, 1979
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 12

From: Lewis F. Powell
To: Conference
Copied: None
On: January 19th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Thurgood Marshall
To: Lewis F. Powell
Copied: Conference
On: January 22nd, 1979
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 14

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: January 22nd, 1979
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 15

From: Harry A. Blackmun
To: Potter Stewart
Copied: None
On: January 29th, 1979
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 16

From: Harry A. Blackmun
To: Warren E. Burger
Copied: William H. Rehnquist
On: January 29th, 1979
Action: Will Not Write Dissent
A memo where a justice states that he or she will not write a dissenting opinion or an opinion that dissents in part

Document 17

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: Conference
On: January 29th, 1979
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 18

From: Lewis F. Powell
To: Conference
Copied: None
On: February 1st, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 19

From: John Paul Stevens
To: Conference
Copied: None
On: February 28th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: William H. Rehnquist
To: John Paul Stevens
Copied: Conference
On: March 2nd, 1979
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 21

From: John Paul Stevens
To: Conference
Copied: None
On: March 6th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: Warren E. Burger
To: John Paul Stevens
Copied: Conference
On: March 13th, 1979
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 23

From: Potter Stewart
To: Conference
Copied: None
On: March 15th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 24

From: John Paul Stevens
To: Conference
Copied: None
On: March 15th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 25

From: Lewis F. Powell
To: Conference
Copied: None
On: March 30th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 26

From: Lewis F. Powell
To: Conference
Copied: None
On: April 12th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 27

From: Potter Stewart
To: Conference
Copied: None
On: April 13th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form